What is Mediation?

Mediation is a voluntary and private dispute resolution process in which a neutral person, the mediator, helps the parties to reach their own negotiated settlement agreement. The mediator has no power to impose a settlement. His/Her function is to overcome any impasse and encourage the parties to reach an amicable settlement.

In commercial disputes an impasse most often arises from either a lack of trust in the integrity of the other party or a genuine good faith difference of opinion on the facts underlying the dispute or on the probable outcome of the case were it to go to court. The mediator may act as a shuttle diplomat and a channel for communication, by filtering out the emotional elements and allowing the parties to focus on the underlying objectives. The mediator will encourage the parties to reach an agreement themselves as opposed to having it imposed upon them.

Mediation has proven an outstandingly successful management tool for resolving difficult disputes. It is a means by which the parties can re-learn the basis of communication with which they can then resolve future disputes. This is particularly important in family disputes where invariably there are ongoing issues to be resolved including child custody among other matters.

Advantages of Mediation

• creates a supportive and constructive environment

• enables the parties to control the outcome of their dispute

• promotes communication between the parties

• time efficient and cost effective

• confidential process

• helps to teach the parties an effective way of resolving disputes through co-operative decision making